United States Seventh Circuit

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US v. Cazares-Olivas, 07-2080

Denial of a motion to suppress evidence seized from a house in a drug prosecution is affirmed where, despite officers' violation of federal rules in obtaining a search warrant over the phone that rendered the warrant invalid and the search unreasonable, the evidence was admissible since: 1) defendants received the benefit of a magistrate judge's impartial evaluation before the search occurred; 2) the search was supported by probable cause; and 3) an agent particularly described the place to be searched and the things to be seized.

Appellate Information

  • Argued 01/10/2008
  • Decided 01/29/2008
  • Published 01/29/2008

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Timothy M. O'Shea (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Jonas Bednarek, Michael Lieberman (argued), Federal Defender Services, Madison, WI, for Defendants-Appellants.
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